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Derek Boogaard’s Family Files Wrongful-Death Lawsuit Against NHL

May 13, 2013 at 12:48 pm

(Photo by Chris McGrath/Getty Images)

CHICAGO (CBSNewYork/AP) — The family of a National Hockey League player who died of an accidental overdose of pain medication and alcohol has filed a wrongful-death lawsuit against the NHL, blaming it for brain damage he suffered as an enforcer and for his addiction to prescription painkillers.

“Prior to and during Derek Boogaard’s career, the NHL knew, or should have known, that the Enforcers/Fighters in the NHL had an increased risk of brain damage due to concussive and sub-concussive brain trauma and were particularly susceptible to addiction issues,” it says.

Boogaard scored only three goals in his six-season career in 277 regular season games but took part in at least 66 on-ice fights; in the 2008-2009 season with the Minnesota Wild, he received 1,021 prescriptions from NHL team physicians, dentists, trainers and staff, the lawsuit says.

In April, 2011, the NHL “knew, or should have known, that Derek Boogaard, a known drug addict, with probable brain damage due to concussive brain traumas sustained in NHL fights, was not complying with treatment (at a treatment center),” the suit alleges.

NHL Deputy Commissioner Bill Daly told The Associated Press in an email Sunday night that league has not received the lawsuit and generally does not comment on pending litigation. The suit was filed in Illinois in part because the NHL has a business interest in the state through the Chicago Blackhawks and Boogaard “engaged in one-ice fights during his NHL career” in Chicago, the filing says.

“To distill this to one sentence, you take a young man, you subject him to trauma, you give him pills for that trauma, he becomes addicted to those pills, you promise to treat him for that addiction, and you fail,” William Gibbs, attorney for the Boogaards, told The New York Times.

Boogaard sustained a concussion during his last game on Dec. 9, 2010. Known as one of the league’s toughest fighters, the 6-foot-7, 255-pound Boogaard played 277 NHL games, scored three goals and racked up 589 penalty minutes.

Boogaard’s family filed a lawsuit against the NHL Players Association last September, seeking $9.8 million, but it was dismissed this spring. The family said the union, after expressing interest in helping pursue a case against the league, missed a deadline for filing a grievance. A judge ruled the family waited too long to act and dismissed the case.

The latest lawsuit details the treatment Boogaard received from team doctors of the Rangers and Minnesota Wild, and the officials from the league’s Substance Abuse and Behavioral Health Program, which oversaw Boogaard’s care after he entered rehabilitation while playing for the Wild in 2009.